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(영문) 서울남부지방법원 2014.10.30 2014고합363
유사강간
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 24, 2014, at around 10:00, the Defendant 304 of the Gangseo-gu Seoul Metropolitan Government C building 304, together with the victim D (n, 27 years of age) who was a woman-friendly fluencing fluor of the ship residing together with the Defendant, and her body was fluored by the victim to prevent the victim from leaving her body, and her fingerd into the panty, and her fingerd the victim from leaving her body into the panty, and her fingerd the finger into the part of the victim.

On the other hand, the victim continued to refuse to see and refuse the victim's "drawing, unfolding, unfolding," she laid down his/her fingers several times in the victim's body, she continued to walking the victim's name, and forced the victim to commit similar rape, such as by inserting both the victim's breasts into the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV, etc.);

1. Article 297-2 of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “any special circumstance that may not disclose or notify personal information exists” shall be one of the grounds for exception to an order to disclose or notify information.

The issue of whether the defendant's age, occupation, risk of recidivism, etc., characteristics of the crime, such as the type, motive, process, result, seriousness of the crime, etc., the degree and expected side effects of the disadvantage of the defendant resulting from the disclosure notification order, the effects of the sex crime that can be achieved, and the protection effects from the sexual crime, etc. shall be determined by comprehensively taking into account.

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